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Report No. 10

45. Principles and methods of determining compensation for requisitioning.-

(1) Where any land is requisitioned under this Part, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say-

(a) where the amount of compensation can be fixed by agreement between the competent authority and the persons interested, it shall be paid in accordance with, such agreement;

(b) where no such agreement can be reached, the competent authority shall refer the matter to the court for decision.

(2) The amount of compensation payable for the requisitioning of any land shall consist of-

(a) a recurring payment, in respect of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the land, if it had been taken on lease for that period; and

(b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:-

(i) pecuniary loss due to requisitioning;

(ii) expenses on account of vacating the requisitioned premises;

(iii) expenses on account of re-occupying the premises upon release from requisition;

(iv) damage (other than normal wear and tear) cause to the land during the period of requisition, including the expenses that may have to be incurred for restoring the land to the condition in which it was at the time of requisition; and

(v) compensation for any damage caused by acts done in exercise of the powers conferred by section 47.

[Section 8, R.A.]



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